(a) Offense. - A person described in subsection (b) who knowingly
and fraudulently appropriates to the person's own use, embezzles,
spends, or transfers any property or secretes or destroys any
document belonging to the estate of a debtor shall be fined under
this title, imprisoned not more than 5 years, or both.
(b) Person to Whom Section Applies. - A person described in this
subsection is one who has access to property or documents belonging
to an estate by virtue of the person's participation in the
administration of the estate as a trustee, custodian, marshal,
attorney, or other officer of the court or as an agent, employee,
or other person engaged by such an officer to perform a service
with respect to the estate.

Based on section 52(a) of title 11, U.S.C., 1940 ed., Bankruptcy
(July 1, 1898, ch. 541, Sec. 29a, 30 Stat. 554; May 27, 1926, ch.
406, Sec. 11 (part), 44 Stat. 665; June 22, 1938, ch. 575, Sec. 1
(part), 52 Stat. 855).
Minor changes were made in phraseology.
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-294 substituted "fined under this
title" for "fined not more than $5,000".
1994 - Pub. L. 103-394 amended section generally. Prior to
amendment, section read as follows: "Whoever knowingly and
fraudulently appropriates to his own use, embezzles, spends, or
transfers any property or secretes or destroys any document
belonging to the estate of a debtor which came into his charge as
trustee, custodian, marshal, or other officer of the court, shall
be fined under this title or imprisoned not more than five years,
or both."
Pub. L. 103-322 substituted "fined under this title" for "fined
not more than $5,000".
1978 - Pub. L. 95-598 struck out ", receiver" after "trustee" in
section catchline and in text struck out "receiver," before
"custodian" and substituted "debtor" for "bankrupt".
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not
applicable with respect to cases commenced under Title 11,
Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L. 103-
394, set out as a note under section 101 of Title 11.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
402(a) of Pub. L. 95-598, set out as an Effective Date note
preceding section 101 of Title 11, Bankruptcy.
SAVINGS PROVISION
Amendment by section 314 of Pub. L. 95-598 not to affect the
application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961
et seq.), or section 2516, 3057, or 3284 of this title to any act
of any person (1) committed before Oct. 1, 1979, or (2) committed
after Oct. 1, 1979, in connection with a case commenced before such
date, see section 403(d) of Pub. L. 95-598, set out as a note
preceding section 101 of Title 11, Bankruptcy.